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HomeMy WebLinkAboutResolution 2021-966 RECEIVED Office of the Tows Attorney Town of Southold Town Hall Annex, 54375 Route 25 P.O. Box 1179 Southold, New York 11971-0959 Telephone: 631-765-1939 Facsimile: 631-765-6639 MEMORANDUM To: Heather Lanza, Planning From: John Burke, Deputy Town Attorne Date: February 8, 2022 Subject: Transient Rental Local Law Please be advised that the Town Board on February 1, 2022 at Town Board meeting has discussed and referred the above-mentioned proposed legislation for your review and comments. If you have any questions, please do not hesitate to call. C o; wn Board RESOLUTION 2021-966 ADOPTED DOC ID: 17616 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2021-966 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON DECEMBER 14, 2021: WHEREAS,there has been presented to the Town Board of the Town of Southold, Suffolk County,New York, on the 16th day of November, 2021, a need for additional options for accommodations for tourists, visitors and residents within the Town of Southold, and WHEREAS, it has been presented a Local Law entitled "A Local Law in relation to an Amendment to Chapter 280.Zoning, in connection with Transient Rentals" and WHEREAS the Town Board of the Town of Southold held a public hearing on the aforesaid Local Law at which time all interested persons were given an opportunity to be heard, now therefor be it RESOLVED that the Town Board of the Town of Southold hereby ENACTS the proposed Local Law entitled, "A Local Law in relation to an Amendment to Chapter 280 Zoning, in connection with Transient Rentals" reads as follows: LOCAL LAW NO. 22 of 2021 A Local Law entitled, "A Local Law in relation to an Amendment to Chapter 280 Zoning, in connection with Transient Rentals". BE IT ENACTED by the Town Board of the Town of Southold as follows: I. Purpose. The purpose of this local law is to allow for transient rentals in specific zones within the Town of Southold. II. Chapter 280 of the Code of the Town of Southold is hereby amended to add the following underlined as follows: § 280-38 Use regulations. In the Residential Office (RO) District, no building or premises shall be used and no building or part of a building shall be erected or altered which is arranged, intended or designed to be used, in whole or in part, for any uses except the following: A. Permitted uses. 3 Transient Rental Properties (3)J41 The following uses are permitted uses subject to site plan approval by the Planning Board: § 280-45 Use regulations. Resolution 2021-966 Board Meeting of December 14, 2021 In the HB District, no building or premises shall be used and no building or part of a building shall be erected or altered which is arranged, intended or designed to be used, in whole or in part, for any uses except the following: A. Permitted uses. The following are permitted uses and, except for those uses permitted under Subsection A(1), (2), (3) and (20)hereof, are subject to site plan approval by the Planning Board: 24 Transient Rental Properties §280-48 Use regulations. In the B District, no building or premises shall be used and no building or part thereof shall be erected or altered which is arranged, intended or designed to be used, in whole or in part, for any uses except the following: A. Permitted uses. The following uses are permitted uses and, except for those uses permitted under Subsection A(1), (12) and (13)hereof, are subject to site plan approval by the Planning Board: 1 Transient Rental Properties §280-111. Prohibited uses in all districts. J. Transient rental properties except in the Residential Office 1 .0 Hamlet Business I-IB and General Business B zoning districts. III. SEVERABILITY If any clause, sentence,paragraph, section, or part of this Local Law shall be adjudged by any court of competent jurisdiction to be invalid, the judgment shall not affect the validity of this law as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. IV. EFFECTIVE DATE This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law. Denis Noncarrow Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: Robert Ghosio, Councilman SECONDER:Jill Doherty, Councilwoman AYES: Nappa, Dinizio Jr, Doherty, Ghosio, Evans, Russell Updated: 12/17/2021 1:42 PM by Lynda Rudder Page 2 "I'll IZI�;111", 10'14, -117 RESOLUTION 2022 ADOPTED DOC ID: 17753 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2022-117 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON JANUARY 18,2022: WHEREAS, on December 14, 2021, the Town Board of the 'town of Southold adopted Resolution No. 2021-966 which amended permitted uses in several zoning districts; and WHEREAS,the TownBoard of the Town of Southold has determined that adoption of Resolution No. 2021-966 contained a procedural error that rendered the zoning change void; now, therefore be it RESOLVED, the 'Power Board of the Town of Southold hereby rescinds and withdraws the approval of Resolution No. 2021-966; and be it further RESOLVED,that Town Clerk of the Town of"Southold is hereby directed to roti-fy all appropriate bodies that Resolution No. 2021-966 has been rescinded. Denis Nonearrow Southold Town Clerk RESULT: ADOPTED [UN S] MOVER: Sarah E. Napa, Councilwoman SECONDER:Louisa P. Evans, Justice AYES: Nappa, Doroski, Mealy, Doherty, Evans, Russell